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PEOPLE v. McKAY

2009-03266.

85 A.D.3d 821 (2011)

924 N.Y.S.2d 844

2011 NY Slip Op 5098

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL McKAY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 7, 2011.

Ordered that the judgment is modified, on the law, by vacating the conviction of reckless endangerment in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.

The defendant's contention that he was denied his statutory right to testify before the grand jury (see CPL 190.50 [5] [a]) is without merit. The People properly notified him of the grand jury proceeding and accorded him a reasonable time to appear (

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